Appeals And Appellate Courts- CRIMINAL Flashcards
What is an appellate court?
An appellate court is one that hears appeals from lower courts rather than trying new cases.
What are the two types of appeal from the Magistrates’ Court?
1) Appeal to the Crown Court by the defence, and 2) Case Stated Appeal to the Queen’s Bench Divisional Court on a point of law.
Who can appeal to the Crown Court from the Magistrates’ Court and what for?
The defence can appeal as of right against conviction and/or sentence.
How is a Crown Court appeal heard from the Magistrates’ Court?
The case is completely reheard by a judge and two magistrates. The conviction may be confirmed, reversed or varied (e.g. to a lesser offence). The sentence may be confirmed or increased.
What is a Case Stated Appeal and where is it heard?
A Case Stated Appeal is made on a point of law and is heard in the Queen’s Bench Divisional Court.
Who can make a Case Stated Appeal from the Magistrates’ Court?
Both the defence and prosecution can appeal on a point of law.
What powers does the Queen’s Bench Divisional Court have in a Case Stated Appeal?
It can confirm, vary or reverse the decision or send the case back to the Magistrates’ Court for re-trial.
What is an example of the prosecution appealing on a point of law?
The Stephen Lawrence murder case (2012), where the acquittal was challenged and the case was reopened.
What are the three types of appeal from the Crown Court?
1) Defence to the Court of Appeal (Criminal Division), 2) Prosecution for an unduly lenient sentence, 3) Prosecution to the Queen’s Bench Divisional Court for jury nobbling.
What grounds does the defence need to appeal to the Court of Appeal from Crown Court?
The conviction must be unsafe (e.g. unfair trial). They must apply for leave to appeal under the Criminal Appeal Act 1995 within 28 days.
What can the Court of Appeal do in a defence appeal from the Crown Court?
It can quash the conviction, order a re-trial, or reduce the sentence (but not increase it).
When can the prosecution apply to review an unduly lenient sentence?
Within 28 days of sentencing in very serious cases, by asking the Attorney General to refer it to the Court of Appeal.
What can the Court of Appeal do in an unduly lenient sentence appeal?
It can increase the sentence or leave it unchanged.
What is ‘jury nobbling’ and how can it lead to appeal?
‘Jury nobbling’ is when family or friends of the defendant threaten or intimidate jurors. The prosecution can appeal to the Queen’s Bench Divisional Court.
What can the Queen’s Bench Divisional Court do in a jury nobbling case?
It can order a re-trial or even a re-trial without a jury.
What type of appeal can be made from the Court of Appeal (Criminal Division) to the Supreme Court?
An appeal on a point of law of public importance, by either the prosecution or defence.
What permission is needed to appeal from the Court of Appeal to the Supreme Court?
Leave to appeal must be granted by either the Court of Appeal or the Supreme Court.
What powers does the Supreme Court have in a criminal appeal?
It can confirm, reverse or vary the decision, or order a re-trial.
